Stand up for Palestinian human rights! Stand up for civil rights in Victoria!

Oppose the criminalisation of protests in support of Palestine!

On 1 July 2011, the Victorian police viciously attacked a peaceful pro-Palestine demonstration in Melbourne’s CBD. In one of the largest political arrests in a decade, 19 non-violent protesters were arrested during a Boycott, Divestment and Sanctions (BDS) action against Israeli-owned Max Brenner store. Continue reading

The substantive charges against the Max Brenner 19 (besetting and trespass in a public place) have been dismissed this morning in court. 5 defendants are however still in court fighting specific charges of resist arrest and assault police.

The decision on the substantive charges is nonetheless a big win for our right to protest in public places in Melbourne. We have beaten back their attempts to criminalize dissent and their attempts to silence a public pro-Palestine voice in Australia.

The magistrate Simon Garnet found that QV square is a public place and is subject to the same laws as other public lanes and spaces in Melbourne. He said in his final ruling: “In my opinion, the owners of QV and therefore QV management, by virtue of the Square and lane ways being subject to the S173 Planning and Environment Act agreement and therefore a ‘public place’… did not have the legal authority to apply conditions on members of the public who wished to enter QV square.”

He also ruled that to convict on the basis of the signs that QV management erected to dissuade protest would be a contravention of the Victorian charter of human rights. These signs said that people who wanted to demonstrate “against the political or social interests of a retail tenant of this shopping center” would be trespassing.

To quote the magistrate’s ruling directly “To interpret s9(1)(d) as submitted by the prosecution would, in my opinion, contravene their right to “freedom of expression” as enacted in the Charter. In addition, a refusal to leave after being requested to do so on the basis that the protesters were; “demonstrating disapproval of the political or social interests of a retail tenant of this shopping centre” is also not compatible with those human rights. “

Defence lawyer Rob Starry, who acted for some of the accused, said the decision had wide-ranging ramifications. “This case is really a landmark case in the annuls of the criminal justice system because what it represents is people have a right to express themselves politically,” he said.

Mr Starry said the decision could affect similar Occupy Melbourne protests and current industrial protests including the Toll blockade. “The Toll blockade is an industrial dispute, it should not involve the police unless there is a breach of the peace or other criminal behaviour but that has not been the case,” he said.

The defendants would like to thank all those who have shown us both moral and material support during the trial and we would invite you to join us:

This Friday 27th at 5:30pm to an action to RECLAIM QV SQUARE. It is vital, given the court’s decision to re assert our right to demonstrate in Melbourne’s public places. Students for Palestine has invited both those who support Palestine and other progressive activists to join us in taking back our public squares from Melbourne’s corporations.

19 pro-Palestine activists were arrested on July 1st last year for protesting outside the pro-Israeli military shop Max Brenner. They were charged with the ludicrous crime of ‘trespass in a public place’ and an antiquated anti picketing law, ‘besetting’.

The case against them went for a month, and cost the Victorian state thousands of dollars in court time.

The case is an important one, not just for pro-Palestine activists, but raises issues about public control of public space and the impunity with which Ted Baillieu’s police force is able to act.

The judgement of this trial will be handed down on Monday 23rd July at the Melbourne Magistrates Court at 9am.

We invite all those interested in defending civil liberties to join the defendants, the lawyers and activists either for

a) the final verdict at 9am
b) followed by a rally and media conference on the court steps

Mr Howard for the prosecution submitted a 28 page written submission to the Magistrate, rebutting elements of the “no case” submissions of the defence the previous day. He declined to give an oral submission, beyond stating that the prosecution case was not inherently weak and all elements of the defence were addressed.

After a break, the Magistrate, Mr Garnet, asked Mr Howard about the beset charge, in particular the Swanston St end of Red Cape Lane where there was a police line but no presence of protestors. Mr Howard that the protestors were manifestly responsible for the blocking of Red Cape Lane, “albeit by police members”. Continue reading

Defence counsel gave written and oral submissions in support of “no case” applications for almost all charges against the 16 defendants.

Stewart Bayles told the Magistrate that he had been unable to locate any authorities that relate to the criminal charge of beset. There had been civil proceedings under the tort of nuisance in cases including Animal Liberation, Dollar Sweets, and McCoy Constructons, with the Dollar Sweets case in particular turning on when a picket line became a nuisance. Continue reading

Senior Constable Jones testified about the circumstances of the arrest of Thomas Timms.

Leading Senior Constable Richards testified that he was part of the Public Order Response Team on the night of July 1 2011. He had helped to reinforce the police line outside the Max Brenner store at QV. Continue reading

Senior Constable Beaumont testified that the line of protestors outside Max Brenner “became passive aggressive”, meaning that they linked arms and leaned back into police lines. Though the crowd had “surged” he and the police line had held their ground. He had later been part of the team that arrested Naomi Farmer. Continue reading